What are the regulations for 30 provinces to extend maternity leave
4hw.org: with the opening of China's comprehensive two child policy, maternity leave benefits have been extended in many provinces and cities across the country. At present, 30 provinces and cities have extended maternity leave, encouraging regions with children to enjoy longer maternity leave and accompanying leave. Let's see the detailed rules.
The family planning law requires to extend the reward of maternity leave
On January 1, 2016, the population and family planning law was revised and implemented. Article 25 stipulates that couples who have children in accordance with the provisions of laws and regulations may be rewarded with extended maternity leave or other welfare benefits.
In the middle of June this year, some netizens left a message to the party secretary of Tibet Autonomous Region, asking if Tibet could introduce new policies and extend maternity leave after the "all-round two child" period.
In response, the information center of the general office of the Party committee of Tibet Autonomous Region replied at that time that the current two child maternity leave policy in Tibet is still implemented in the Interim Measures for the administration of family planning in Tibet Autonomous Region (for Trial Implementation), which stipulates that the two child maternity leave shall be implemented for four months and the salary shall be paid during the maternity leave.
Tibet: employers who fail to take full maternity leave need subsidies
Recently, the Tibet health and Family Planning Commission and the Department of human resources and Social Security jointly issued the notice on adjusting the maternity treatment of two children for cadres and employees in Tibet Autonomous Region (hereinafter referred to as the notice).
According to the notice, if the household registration of Tibet Autonomous Region, the in-service cadres and employees of various social organizations, enterprises and institutions, and administrative organs have children in line with laws and regulations, the female party shall enjoy one year of maternity leave (including legal maternity leave) for each child. If the female party fails to take full maternity leave due to work reasons, the employer shall give appropriate subsidies. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
In addition, spouses are entitled to 30 days of care leave (not included in the annual leave). During this period, the salary and treatment of the couple will remain unchanged. When the maternity leave of the female party is over, she will no longer enjoy the leave. Those who participate in maternity insurance shall enjoy maternity allowance in accordance with the relevant provisions of maternity insurance.
The person in charge of the health and Family Planning Commission of the Tibet Autonomous Region, who is taking maternity leave in accordance with the original provisions, i.e. the maternity leave is not full, may apply to the personnel department of the unit, and the unit shall decide whether to extend it according to the specific conditions.
focus
1 the family planning regulations of the two places have not been amended
At present, only Tibet and Xinjiang have not completed the revision of local level family planning regulations. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
The reporter learned that since March 2016, Tibet has launched the formulation of the Tibet Autonomous Region's birth regulations (Draft), which was discussed and revised in several special sessions and passed the first trial of the Standing Committee of the people's Congress of the Tibet Autonomous Region on November 28, 2016, putting forward the requirements for further revision and improvement.
At present, the Legislative Affairs Committee of the people's Congress of the Tibet Autonomous Region is widely soliciting opinions on the "Tibet Autonomous Region fertility regulations (Draft)", striving for the guidance of the relevant departments of the state, and proposing the second draft of the "Tibet Autonomous Region fertility regulations (Draft)".
Although Tibet has not yet completed the revision of local family planning regulations, it has clearly extended maternity leave to one year by means of documents issued by government departments. Therefore, only Xinjiang province (District, city) has not announced the increase in the number of days of maternity leave.
At last year's "two sessions" in Xinjiang, the Xinjiang District Committee of Jiu San Society put forward group suggestions and called for the introduction of relevant supporting measures to extend paid maternity leave for two children to six months, and men should also take paid nursing leave for one month.
According to local media reports in May this year, following the introduction of family planning regulations of most provinces, autonomous regions and municipalities directly under the central government, the amendment (Draft) of population and family planning regulations of the autonomous region has also entered the deliberation stage of the Standing Committee of the National People's Congress of Xinjiang Uygur Autonomous Region.
According to the report, in terms of adjusting and improving the supporting system of family planning, such as the reward and guarantee system, the health and Family Planning Commission of the autonomous region has determined the specific extension time of marriage leave in Xinjiang according to the provisions of Article 25 of the newly revised population and family planning law, and increased the time of maternity leave in the draft amendment (Draft for examination) of the regulations. However, the final extension and increase of the number of days will not be published until the meeting deliberates and approves the regulation.
2. Women's right to leave in some units is difficult to guarantee
In fact, although maternity leave has been increased all over the country, it is difficult for some working women to fully enjoy such benefits. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
At the end of April this year, there was a media report that a woman in Jinan reported that her company had a target of two children a year. Ms. Zhu was appointed to 2020. She chose to have a baby last year, but was fined more than 2000 yuan and seven months of performance.
From June to December 2016, the national health and Family Planning Commission organized special supervision and inspection on the implementation of the population and family planning law.
The results showed that, on the basis of 98 days of maternity leave in the special provisions on labor protection for female employees, the revised regulations all over the country increased the maternity bonus leave or extended maternity leave, generally ranging from 138 days to 158 days, and the paternity leave or nursing leave is generally 15 to 30 days.
According to the national health and Family Planning Commission, 2 / 3 of the people above 35 are in line with the comprehensive two child policy in China. Some experts believe that the health risks of older pregnant women during pregnancy and childbirth are increasing, and the function of postpartum physical recovery is also weakening. Extending maternity leave is conducive to the health of mothers and infants.
He Yafu, a demographer, believes that the government should give subsidies to the enterprises that employ female workers in order to alleviate the pressure brought by the birth of female workers. In addition, the relevant departments should improve the supporting supervision and punishment mechanism, and strengthen the administrative law enforcement responsibilities of the labor department in the implementation of maternity leave. If the enterprise does not guarantee the leave right of female employees, the labor department may punish the enterprise. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
Lu Jiehua, a professor in the Sociology Department of Peking University, believes that if enterprises obstruct female employees from enjoying maternity leave, female employees can sue through labor arbitration and court. Local governments should protect the rights of female workers from the perspective of system design, such as issuing detailed rules for implementation and supervising the implementation.
Inventory
Tibet has the longest maternity leave in China
At present, 29 provinces (districts and cities) have revised the local population and family planning regulations, and all regions have increased the length of maternity leave for women to varying degrees. Although Tibet has not yet completed the revision of the local family planning regulations, this time through a document jointly issued by the government departments, it clearly extended maternity leave to one year. The reporter combed the revised maternity leave time of 30 provinces (districts and cities) and found that the one-year maternity leave in Tibet is the longest in all provinces. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
The longest maternity leave in Chongqing is one year
China's "special provisions on the labor protection of female employees" proposes that female employees enjoy 98 days of maternity leave for childbearing.
Since the population and family planning law has been revised, the provisions on rewards for late marriage and late childbearing couples and only child parents have been deleted. 29 provinces also cancelled the late childbearing leave when revising the family planning regulations, and adjusted the calculation method of maternity leave to '98 days of national holidays + childbearing incentive leave'.
At present, the maternity incentive leave in each province ranges from 30 days to 3 months, and the maternity leave available to female employees in all regions ranges from 128 days to 190 days.
Specifically, in the new family planning regulations of Henan and Hainan, except for the 98 day leave stipulated by the state, the maternity leave is increased by '3 months'. This means that local female employees can enjoy up to 190 days of maternity leave.
In Heilongjiang and Gansu, the total number of days of maternity leave is 180. In Beijing, Tianjin, Shanghai, Chongqing, Jiangsu, Zhejiang, Hubei and other seven provinces, the maternity leave is 98 days + 30 days, or 128 days. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
At the end of September last year, Guangdong revised the family planning regulations for the second time in the year. Guangdong female employees can enjoy a total of 178 days of maternity leave of 98 days + 80 days of incentive leave for a smooth delivery, and a total of 208 days of maternity leave of 98 days + 80 days of incentive leave + 30 days of C-section leave for a caesarean delivery.
In addition, some places have relatively flexible regulations on maternity leave. For example, Beijing, Jilin and Chongqing all stipulate that with the consent of female employees, women can extend their holidays. According to Chongqing regulations, upon application and approval of the company, the employee can take continuous leave until the child is one year old.
The longest paternity leave in Tibet, Gansu, Yunnan
In terms of spousal paternity leave, the current stipulated leave time varies from one week to one month.
Specifically, the longest time of paternity leave for spouses is 30 days in Tibet, Gansu and Yunnan; the shortest time is in Tianjin and Shandong Province. The local family planning regulations stipulate that the male's unit will be given seven days of nursing leave; the paternity leave in 18 provinces including Beijing, Hebei, Jiangsu, Zhejiang, Guangdong and Fujian is 15 days. (this article is edited and collated by sihai.com, reprinted and noted with source, original link: http://www.4hw.com.cn/life/)
Shaanxi Province has also taken flexible measures in the provision of paternity leave, which stipulates that the male nursing leave is 15 days, and the husband and wife living in different places are given 20 days of male nursing leave.